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Wills, Trusts & Probate

Court of Protection Solicitors

If a relative or friend has lost mental capacity to manage their affairs and has not made a suitable Power of Attorney an application to the Court of Protection will be necessary. 

There are many reasons why a person may no longer have mental capacity to manage their own affairs; for example dementia, stroke, brain injury, substance abuse or learning difficulties.

The Mental Capacity Act 2005 allows the Court of Protection to appoint a Deputy to make decisions about property and financial affairs or health and welfare.  Deputyship is often given to a close family member or friend but can also be given to a professional such as a solicitor or local authority employee. 

Applying to be appointed as Deputy can be a lengthy, upsetting and stressful process and we understand that you may need additional support both during the application process and once the Deputyship Order has been made.  We can prepare the application to the Court of Protection for you and assist you with your role as Deputy once appointed.  We can also act as Deputy and manage the whole process if preferred.

Once appointed, the Deputy will make everyday decisions such as paying bills, making decisions regarding care, paying for daily expenses and ensuring benefits are correctly claimed.  More complex decisions such as buying or selling property, making large gifts or making a Statutory Will require further applications to the Court. 

The Deputy is supervised by the Court of Protection and must file an annual report detailing income and expenses, important decisions made and contact made with external bodies.  The Deputy may also have to file an annual tax return and take advice about investment decisions. 

Our friendly, professional Solicitors can assist in applications to the Court of Protection, giving advice regarding your ongoing role as Deputy and also be appointed as Deputy if need be. 

For professional and confidential advice contact us on 01925 230 000 to speak to one of our friendly team. Please note, since 1 July 2022 many of the lawyers from FDR Law are still based at 1-3 Palmyra Square South, Warrington, WA1 1BZ and offer the same legal services as before but we now trade as part of Taylor Rose MW Solicitors.